New Zealand Case Law: Decisions & Judgments

Topic

Causation and pre-existing conditions

Legal area

Court

15 Aug 2013

Browning v Accident Compensation Corporation

Citation

[2013] NZACC 251
Court

District Court

On the balance of probabilities, having considered the detailed mechanics of the accident, contemporaneous clinical reports and the more probing medical assessment by Dr Thompson, the appellant's symptoms as at the date of the ACC decision were substantially attributable to personal injury by accident on 21 August 2010; therefore ACC's determination of 10 February 2011 was erroneous and must be quashed and entitlements restored.
29 Mar 2007

Bowman v Accident Compensation Corporation

Citation

[2007] NZACC 57
Court

District Court

On the evidence the substantial cause of the pathology that would have been addressed by surgery was ageing/pre-existing spinal stenosis rather than new pathology caused by the accident on the balance of probabilities, so ACC was correct to decline funding for surgery; however the osteopathic treatment directly addressed symptoms of the covered injury and its costs are payable by the respondent.
8 Mar 2005

Clark v Accident Compensation Corporation

Citation

[2005] NZACC 73
Court

District Court

The District Court accepted the orthopaedic specialists' evidence (Hopkins and Dempsey) that the 28 March 2002 incident provoked nerve root impingement which was the major cause of the appellant's ongoing symptoms through to December 2002; the appellant satisfied the balance of probabilities that the incapacity was causally connected to the covered accident and not substantially caused by degenerative disease, therefore entitlement to weekly compensation for the period was established and the appeal succeeded.
18 Nov 2003

Lang v Accident Compensation Corporation

Citation

[2003] NZACC 287
Court

District Court

The appeal is dismissed because the appellant failed to prove on the balance of probabilities that he was continuously incapacitated by the 4 July 1996 injury; the only contemporaneous medical certification backdated incapacity to 22 October 1996, the appellant was not an earner at that date, and medical evidence showed longstanding degenerative cervical changes predating the incident so causation and continuity of incapacity were not established.

New Zealand Case Law

Browning v Accident Compensation Corporation

Bowman v Accident Compensation Corporation

Clark v Accident Compensation Corporation

Lang v Accident Compensation Corporation